Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.27

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.27

Civil Procedure Code (V of 1908)-------O. XLI, R.27---Specific Relief Act (I of 1877), S.8---Suit for possession---Additional evidence---Production of---Suit was dismissed by the Trial Court---Plaintiffs during pendency of appeal, filed application for referring one of the plaintiffs and five defendants to Medical Board for DNA Test to ascertain whether said plaintiff was the son of deceased owner of the property in dispute---Appellate Court found that application filed by plaintiffs for referring said persons to Medical Board for DNA Test, amounted to request for additional evidence, but neither plaintiffs had made such request to the original court nor there was any reason or substantial cause to allow their said application---Appellate Court had further found that, if said application was allowed that would amount to fill up lacunae left by them in their case---Validity---Appellate Court had come to correct conclusion in the light of law as contained in O.XLI, R.27, C.P.C.---Application for additional evidence, like the request for DNA test, was not submitted to the original court from whose decree the appeal was preferred; and Appellate Court did not require any document to be produced or any witness to be examined to enable it to pronounce or for any other substantial cause---Appellate ,Court was of the view that DNA test was not needed---Permission for production of such evidence could be granted only when Appellate Court had sufficient reasons to require it---Sufficient evidence being available on record for the pronouncement of by Appellate Court and no other substantial cause being available for requiring the recording of additional evidence, it was the duty of the parties to prove their cases and a court of law was not expected to favour one or the other party by allowing the production of additional evidence in order to fill up a lacuna. Shakeel Azam Awan for Petitioners. Nemo for Respondents. Date of hearing: 25th January, 2007. JUDGMENT SALIM KHAN, J.---Manzoor Ahmad and Mst Akbaro, showing themselves as the son and widow of Ghulam Muhammad instituted suit against the heirs of Ghulam Muhammad and others for a decree for possession, claiming therein…

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